Delay in response to Sandy stalking case highlights lesser known Utah domestic violence law

SANDY — With pages upon pages of printed evidence sitting in a stack of folders on her lap, a Utah woman told the KSL Investigators the Sandy Police Department's handling of her stalking case has left her in a dangerous situation. Now her case is shedding light on a lesser known requirement in the state's domestic violence laws.

"He just kept getting more vulgar and angry in his emails and his threats of, 'I'm going to make you pay' and, 'I'm not going to stop until you have been taught a lesson,'" said the woman, who asked to be identified in this story by her first name, Azalea. She said the stalker has also been sending intimate images of Azalea to those close to her, including her attorney.

She first reported the stalking and revenge porn to Sandy police on May 16, and again on May 21. It wasn't until June 4, the same day she reached out to the KSL Investigators, that Azalea got a call back from the detective assigned to her case.

"A question I asked them every time is like, 'Are you guys going to finally do something when I turn up dead,'" she said.

A suspect was arrested almost four weeks after her initial report but released the following day after prosecutors said they needed more evidence in order to file charges. Azalea said the stalking has continued, with the sender of the harassing and threatening messages only seeming to get angrier.

Sandy police acknowledged they failed to use a lethality assessment when Azalea first reported. That's a survey police use to determine how much danger a victim is in, and it's mandated by Utah law.

Another section of Utah's domestic violence law reads, "the law enforcement agency shall forward a copy of the incident report to the appropriate prosecuting attorney within five days after the complaint of domestic violence occurred."

Both Sandy police and the Salt Lake County District Attorney's Office confirmed to KSL that didn't happen in Azalea's case.

"We know from research, we know from experience, that domestic violence cases can be dangerous," said Trent Dressen,

Dressen is the sexual assault and domestic violence resource prosecutor for the Utah Prosecution Council. He didn't comment on any specific agency or case, but he did research that five-day requirement.

"If you asked around, you'd probably get a sense that a lot of people believed it was new," he said. "From what I could see on the legislative history of it, we've actually had it around since at least 1995."

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Utah woman says Sandy police were too slow to investigate severe case of stalking

Sandy police arrested a suspect 27 days after Azalea's initial report. But he was released after prosecutors asked police to gather more evidence before they file charges.

Though it's been on the books for decades, Dressen said it's likely a lesser-known requirement in the law because training focuses on other key components of Utah's domestic violence statutes, including mandatory arrests with probable cause, determining a predominant aggressor and administering the lethality assessment.

"Those things, particularly more recently, have been emphasized and trained on a lot," he said. "Whereas this requirement is probably something that's often times met as just a matter of course. Therefore, not something that's discussed as much or referenced as much."

He said one could look at it as a backstop in Utah law, ensuring cases get timely attention. However, he also said some cases take more time to investigate, and if every department were following this section of law exactly, prosecutors could be inundated with incomplete investigative reports.

"We have it on the books for a reason," Dressen said. "If it is something that we cannot follow because of the fact that we're continuing an investigation and the victim's still safe, probably something we need to make a conscious decision of, instead of simply disregarding and pretending it's not there. As always, we want to make sure our victims and survivors in our community are a priority, that they're being kept safe and that their needs are being addressed as quickly as possible."

In an email Monday, a public information officer with Sandy police wrote, "The existing protocol that was in place at the time of Azalea's case was to forward all domestic-related cases to our city prosecutor's office. As part of your inquiries, we realized we did not have the same protocol established with the district attorney's office."

He went on to write that since an inquiry from the KSL Investigators on June 20, the department has established a link for prosecutors in the Salt Lake County District Attorney's Office to review cases as well.

The investigation into Azalea's case is active and ongoing.

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